‘Hits of the 80s’ Maker Hit with a Class Action Lawsuit

A class action lawsuit was filed in New Jersey on Thursday alleging that Tutm Entertainment Inc. (d/b/a Drew’s Entertainment), maker of music compilations, misrepresented its albums, the “Hits of the 80s” and “Hits of the 90s,” as original recordings when they include re-recordings and live recordings.

Lead plaintiff Celeste Farrell claims in her class action lawsuit that she purchased the music albums, “Hits of the 80s” and “Hits of the 90s,” expecting original hit songs, but the albums were actually made of “poorly re-recorded songs taken from inferior live recordings and other re-recordings.” Farrell claims that when she bought the albums at a New Jersey Wal-Mart in the summer of 2013, she “reviewed and considered the information displayed on the albums’ cover, including the name of the songs listed, the artists, and the title of the album,” but “none of which specified a re-recorded version of the song listed.” Farrell alleges she “felt deceived when she listened to the Albums and realized the songs were actually poor re-recordings of popular songs from the 1980s and 1990s and not the original versions of the songs listed on the Albums’ back covers.”

In the class action lawsuit, Farrell points out that on its website, “Tutm claims that its mission is to be ‘the largest, the most comprehensive, the most creative and the best worldwide music license brand'” and that “Tutm also claims that they are ‘committed to ensuring that [they] provide the highest quality product for a variety of use and purchase.'” Farrell alleges however that “Tutm obtained their licenses for the album ‘Hits of the 80’s: Platinum Collection’ and ‘Hits of the 90’s: Platinum Collection’ from San Juan Music Group Ltd., which is a music and DVD licensing company specializing in the licensing of primarily back catalog masters and news re-recording of original hits by the original artists. … Therefore, Tutm [was] fully aware that the songs included in both albums [were] re-recordings being distributed pursuant to Tutm’s agreement with San Juan Music Group Ltd.”

Farrell argues in her class action lawsuit that “[t]he information provided by Tutm and displayed on the front and back cover of the Albums is insufficient to inform any reasonable consumer that the songs are re-recordings of materially inferior sound and quality from the original versions of the songs,” and “Tutm falsely misrepresents and implies by omission to consumers and the public that the songs on the Albums are original songs.” Further, Farrell argues, “[b]y naming only the song title and artists, without indicating their version, Tutm intentionally omits material information,” and “[t]he lack of specification of the song’s version causes the reasonable consumer to associate the listed song with the original recorded version.”

The class action lawsuit also alleges that “Tutm is aware that the versions of the songs included in its Albums are not the original songs,” and “Tutm should plainly disclose to consumers that the version of the songs included in any music albums are remixes, re-recordings, demo versions, or live or concert recordings because the nature, quality, and venue of the recording is a determinative factor for the consumer in considering whether to purchase the music album.” Farrell also argues that “[o]ther record companies who have compiled hit music of the 80’s and 90’s in an album sometimes include remixes, re-recordings, or extended versions of songs,” and “[i]n those cases, songs have to be properly labeled as such on the cover of an album to allow consumers to make an informed decision as to what they are purchasing.” Farrell says that “iTunes, and other music retailers conspicuously provide notice where a song being sold is a rerecording rather than an original.”

Farrell is seeking unspecified damages and restitution for herself and on behalf of others who purchased Tutm’s Hits of the 80s and/or Hits of the 90s albums, as well as an order stopping Tutm from engaging in deceptive marketing practices.

Farrell is represented by Adam J. Gana and Adam J. Weinstein of Gana LLP and by Jonathan Kurta of Fitapelli Kurta.

The Hits of the 80s Class Action Lawsuit is Celeste Farrell v. Tutm Entertainment Inc. d/b/a Drew’s Entertainment, Case No. 3:14-cv-01781, in the U.S. District Court for the District of New Jersey.